Child custody can become complicated and requires legal advice to help the legal process go smoothly. An overview on the aspects of child custody that you must be aware of.
Divorce can be ugly and if there are children active in the union it can get down right nasty as one dad or mum inevitably decides to make the area of child custody the system of the divorce that turns into a bloody, knock down, drag over fight. It is also the area that one parent knows they may inflict the most harm to their former spouse and kids can get collateral damage.
Child custody used to be automatically granted with the mother who was often times the stay at home parent additionally, the main caregiver. Fathers had fewer rights as the courts mirrored society and saw the role belonging to the father as that of the breadwinner- not the caregiver to help you children. Even fathers who were the stay at parent may not have been recognized in court because of gender biases for the courts.
Thanks in part to the civil rights movement women have gained equal footing at work and everywhere else as well but the fallout to the equality movement is a huge reversal of gender biases in the court. No longer were mothers granted automatic custody on their children based on gender alone.
Now the courts look at a number of issues including the relationship of the child and parent, who provided almost all the physical care for the child, who currently has custody belonging to the child and even who is the more stable parent. Stability is a subjective term and proving one parent unfit is often the direction custody fights head.
Most lawyers don’t want to go to court and roll the dice along with a judgment and would prefer their clients work out an arrangement of custody before it goes that far. Going to court can get expensive and messy and neither party may result in prevailing with what they want. Judges can be unpredictable and which is a dangerous gamble to take if you don’t have taking it.
Mediation is often a requirement in most states when children are involved and it has proven to work many times. Your lawyer can and should be involved in every part of the process to ensure your rights and wishes regarding child custody are upheld and if mediation fails your lawyer can take the battle to the courtroom on your behalf.
Before you go into mediation you should work out with each of your attorney what you wantFree Reprint Articles, what you don’t want and what issues you are planning to bend on and be willing to be flexible. Your final goal need to be the best interest of your child and any legal action should really be towards that goal regardless of your feelings toward your retired spouse.
Most custody cases revolve around what type of custody each parent would have such as sole custody or joint custody and other custody issues include how child visitation will be planned out and the level of child support will be paid.